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This publication is a product of the Law and Politics Project, which the IoL Legislative Support Department implemented in 2012. Essentially, the book highlights the Palestinian legislative process in light of the internal political division that has affected the Palestinian territory since 2007. It characterises and assesses the legislative status in the West Bank and Gaza Strip, identifies major legislative mechanisms and tools applied in each area, explores legal consequences and positions created by the internal political division, and investigates predicaments resulting from functions of duplicate public authorities. The publication further examines potential scenarios and solutions to be in place once the Palestinian national reconciliation effort materialises. In addition to analysing the political background and roots of the internal Palestinian division, the book investigates judicial oversight of constitutional processes in Palestine, assessing how effective oversight is in this current stage.
The book provides a full picture of the legislative status in the Palestinian territory. Besides identifying consequences on the legislative process in the Palestinian territory, the research paper looks for potential scenarios and solutions to be applied once the Palestinian national reconciliation endeavour is attained. It diagnoses the political background of the internal Palestinian political division, reviews major national reconciliation agreements, and provides a political assessment of these agreements. It also examines the legal and practical framework of the legislative process operative in the West Bank and Gaza in 2007-12. To this avail, the book provides adequate answers to a set of questions, including: What consequences does the internal political divide exert on the legislative status in the Palestinian territory? What are the potential scenarios and solutions? What are the impacts resulting from dichotomous functions of public authorities? Also addressing judicial oversight of constitutional processes in the Palestinian territory, a legal assessment of certain regulations issued forth during the reporting period is further presented in the book.
These themes are extensively investigated by dedicated research papers. In addition to an introduction, the book comprises four chapters, each scrutinising one of the aforementioned themes in the context of respective legal and practical reality.
To maximise research outcomes, the IoL organised a number of interviews with relevant legislative bodies in the West Bank and Gaza with a view to identify major mechanisms and tools used in the current law-making process. Interviews were also designed to identify legal positions created by regulations passed during the reporting period as well as respective impact and legal problems. For consultation about particular themes, several interviews were conducted with relevant local and regional experts.
The first in the Series of Law and Politics, Legislative Status in the Palestinian Territory: Mechanisms, Consequences and Solutions contributes to creating a Palestinian socio-legal mobility to uncover legal predicaments, consequences and positions, which the Palestinian legislative process will see. It helps identify potential remedies to cope with this status once the Palestinian unity is restored.
The IoL would like to grab this opportunity to thank and appreciate all those who have contributed to the compilation of this distinguished, qualitative publication. In particular, the IoL extends its thanks and gratitude to national researchers and partners, including official and nonofficial institutions and individuals, who facilitated access to information and provided valuable insight to this book.
To receive a copy of the Legislative Status in the Palestinian Territory: Mechanisms, Consequences and Solutions, please contact the IoL at:
Mail: Institute of Law, Birzeit University, P.O. Box 14, Birzeit, Palestine
Telephone: 2009-298-2-972/970+
Fax: 2137-298-2-2-972/970+
Email: iol.programs@birzeit.edu
Facebook: http://www.facebook.com/almuqtafi
